Administrative Monetary Penalty System
C315

Contravention

Exporter failed to provide to customs, according to the legislative timeframes, any export permit, licence or certificate required.

Penalty

Occurrence Penalty
1st $1,000
2nd $2,000
3rd and subsequent $4,000
Penalty basis
Per document
Retention period
12 months

Guidelines

Applied against the exporter.

If the goods are prohibited, controlled or regulated, any required permits, licences and/or certificates must be made available prior to export within the legislative time frames:

  • (1) if the goods are exported by mail, not less than two hours before the goods are delivered to the post office where the goods are mailed;
  • (2) if the goods are exported by vessel, not less than 48 hours before the goods are loaded onto the vessel;
  • (3) if the goods are exported by aircraft, not less than two hours before the goods are loaded on board the aircraft;
  • (4) if the goods are exported by rail, not less than two hours before the railcar on which the goods have been loaded is assembled to form part of a train for export; and
  • (5) if the goods are exported by highway or any other mode of transportation, they must be reported immediately before being exported, i.e., before the conveyance transporting the goods crosses the border or leaves Canada.

Export permits are not required for softwood lumber exports destined to the United States.

Apply a penalty per missing permit, certificate or licence.

In a post export verification situation, each shipment found in contravention within the verification period should be assessed a penalty at first level to a maximum amount of $50,000.

For example, in cases where

  • a required permit was not provided for the export of ten shipments, a penalty of $10,000 ($1,000 x 10) would be assessed, or
  • a required permit was not provided for the export 100 shipments, a penalty of $50,000

For missing, incorrect or untrue information on a permit, licence or certificate, see C005.

For failure to submit export declarations for goods not subject to export control, see C170.

For failure to report goods subject to export control, see C345.

For false information provided on a permit, licence or certificate, see C348.

References

Legislation

Customs Act, subsection 95(1)

D-Memo

D20-1-1, Export Reporting

Other

Date modified: